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Bava Basra 86

BAVA BASRA 86 - dedicated by Mr. and Mrs. D. Kornfeld in honor of the engagement of Avi Turkel to Estie Isseroff. May they build a Bayis Ne'eman b'Yisrael and be a constant source of Nachas to both of their families.

1) [line 1] PIRKAN - he unloaded them (the fruits; it makes no difference if the buyer or the seller unloads them)

2) [line 6] SHAFCHAN - he spilled them out [onto the floor of the house of the buyer]

3) [line 8] MIS'ACHLEI D'SUMEI - bunches of garlic (RASHBAM) that are braided together (ARUCH)

(a) When a person acquires an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the acquisition to be irrevocably binding. Depending on the object involved, different Kinyanim are used.
(b) One makes a Kinyan on Nechasim she'Yesh Lahen Achrayus ("Mekarka'in," real estate) through Kesef (paying money), Shtar (handing over a contract) or Chazakah (enhancing the land with the intention of buying it - see Background to Bava Basra 51:7:b). (The word Achrayus in this context means that people will trust a borrower who owns land (even the smallest amount) since they can expect to extract payment from the land should the borrower not have the money to pay back his loan (RASHI to Kidushin 26a).)

One makes a Kinyan on Nechasim she'Ein Lahen Achrayus ("Metaltelin," mobile goods) through Meshichah (pulling -- see Background to Bava Basra 84:16).

6) [line 17] SURA - a town in Southern Bavel between the canals, seat of the Yeshiva founded by Rav

7) [line 17] MASNU LAH L'HA SHEMA'TA - taught this (the following) statement (that begins with the words, "Lo Shanu," line 20)

8) [line 18] PUMBEDISA - a town in Bavel (lit. Mouth of Bedisa, a canal of the Euphrates), the location of a great Yeshiva that existed for approximately 800 years. The scholars of Pumbedisa were known for their keen intellect (Bava Metzia 38b). To emphasize its importance as a Torah center, Rabah and Rav Yosef stated that just as one is prohibited from leaving Eretz Yisrael to Chutz la'Aretz, so too is one prohibited to leave Pumbedisa (Kesuvos 111a).

9a) [line 23] HA'GONEV KIS B'SHABBOS CHAYAV - one who steals a purse on Shabbos is liable [for the theft, as well as for the desecration of Shabbos]

(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine Avos Melachos of Shabbos. It involves either 1. Hotza'ah, transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain), 2. Hachnasah, transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid, 3. Ma'avir Arba Amos b'Reshus ha'Rabim, carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos, 4. Moshit, *passing* an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all biblical prohibitions.
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a. It is possible to move an object without ever performing an Akira, such as when the object is dragged.

10a) [line 25] HAYAH MEGARER V'YOTZEI - if he was dragging it out
b) [line 26] PATUR - he is exempt [from liability for the theft, but he is liable for the desecration of Shabbos]

11) [line 26] HAREI ISUR SHABBOS U'GENEIVAH BA'IN K'ECHAD - the distinct liabilities for transgressing a prohibition of Shabbos and for theft come together (KAM LEI BED'RABBAH MINEI - literally, "he remains with the worse of the two," or, "a more severe punishment exempts one from the less severe one")
(a) When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing.
(b) This rule is only true if the two punishments, or the punishment and the monetary liability are caused by a "single action." If one follows the other, even by one second, the sinner *is* punished with both punishments. The Gemara (Kesuvos 31a) questions what defines the difference between "a single action" and different actions. According to one opinion, the entire series of actions which define the more severe sin are considered a single action with regard to Kam Lei bed'Rabah Minei.
(c) There are a number of situations in which this rule does not apply:

1. Rebbi Meir holds that it only applies to a death penalty. One who is punishable with Malkos, though, is required to pay as well as to receive Malkos. (Kesuvos 33b)
2. If one sins *b'Shogeg*, Kam Lei bed'Rabah Minei does not necessarily apply (that is, since no actual punishment is executed, the potential punishment does not exempt the sinner from monetary liability), as follows: If the sin is one which warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bed'Rabah Minei applies, while Ravin says that they both agree that it applies. If the sin is one which warrants Malkos, Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bed'Rabah Minei applies. (Kesuvos 34b-35a)
3. In certain cases, if the monetary liability is paid to a person other than the victim, the sinner may be liable to pay even though he is also punished with the death penalty or Malkos.
12a) [line 28] B'MISNA - [we are dealing with a case where he pulled it out with its] tie-strings (RABBEINU GERSHOM)
b) [line 29] B'MIDI D'VA'I MISNA - an object that needs tie-strings [in order to be moved at all, due to its weight]

13) [line 33] LI'TZEDADIN KETANI - the two statements are dealing with different cases ("Ad she'Yagbihenah" refers to objects that can be lifted; "Ad she'Yotzienah me'Reshuso" refers to objects that cannot be lifted and must be acquired with Kinyan Meshichah, pulling it out of the seller's domain)


14) [line 3] SHELIFEI RAVREVEI - large parcels (e.g. sacks of fruit) that cannot be easily lifted

15) [line 7] MISHTAMIT - (a) it slips out (a large bundle does not stay together) (RASHBAM); (b) they (the stalks of flax) come apart [if they are dragged] (RABEINU CHANANEL, cited by the RASHBAM)

16) [line 8] MESIRAH
See Background to Bava Basra 84:26.

17) [line 12] D'SARCHA - (a) it digs its hoofs into the ground and makes it difficult for the buyer to lift it (RASHBAM); (b) it scratches (RABEINU CHANANEL, cited by the RASHBAM)

18a) [line 13] KOR BI'SHELOSHIM ANI MOCHER LECHA - I am selling you one Kor [of produce] for thirty [Sela'im]
b) [line 21] YACHOL LACHZOR BO AFILU BI'SE'AH HA'ACHARONAH - he (either the buyer or the seller) may change his mind and revoke the sale even at the last Se'ah (i.e. even if the buyer has made a Kinyan on all of the produce except for the last Se'ah)

(a) Equivalents of volume used in the Gemara:

  • 1 Kor (= 1 Chomer) = 30 Se'in
  • 1 Lesech = 15 Se'in
  • 1 Eifah = 3 Se'in
  • 1 Se'ah = 6 Kabin
  • 1 Tarkav (= 3 Kabin) = 12 Lugin
  • 1 Kav = 4 Lugin
  • 1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
  • 1 Beitzah = 2 k'Zeisim
(b) Modern-day equivalents: 1 k'Zayis = approximately 0.025, 0.0288 or 0.05 liters, depending upon the differing Halachic opinions. Therefore, 1 Kor = 216, 148.83 or 432 liters, depending upon the differing Halachic opinions

19a) [line 14] KOR BI'SHELOSHIM, SE'AH B'SELA ANI MOCHER LECHA - I am selling you one Kor [of produce] for thirty [Sela'im], [one] Se'ah per Sela
b) [line 15] RISHON RISHON KANAH - he buys them one by one, i.e. as the buyer does a Kinyan on each Se'ah, the sale of that Se'ah becomes irrevocable

*20*) [line 16] IM HAYESAH MIDAH SHEL ACHAD MEHEM, RISHON RISHON KANAH, V'AF AL GAV D'LO NISMAL'AH HA'MIDAH - that is, this phrase of the Beraisa that was quoted on Daf 85a does not follow the guidelines of Rav and Shmuel. Rather, even in a case similar to "Kur bi'Shloshim Ani Mocher Lach," the Beraisa rules that "Rishon Rishon Kanah."

(a) Equivalents of the volume of liquids used in the Gemara:

  • 1 Bas (Efah) = 3 Se'in
  • 1 Se'ah = 2 Hinin
  • 1 Hin (Tarkav) = 12 Lugin
  • 1 Log = 4 Revi'i'os = 6 Beitzim = 64 Kortovim

  • 1 Revi'is = 75, 86.4 or 150 ml, depending upon the differing Halachic opinions
(b) Modern-day equivalents:
  • 1 Se'ah = 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic opinions, therefore:

  • 1 Hin = 3.6, 4.145 or 7.2 ml
  • 1 Log = 0.3, 0.345 or 0.6 ml
22a) [line 19] SHENASOS HAYU BA'HIN - markings used for measuring were in the Hin [measure used in the Beis ha'Mikdash, specifying the amount of oil and wine needed for each type of animal]
b) [line 20] SHENASOS HAYU BA'MIDOS - markings used for measuring were in the measuring containers [used at the time of the Gemara, specifying one Log increments in a twelve-Log Hin measure]

23a) [line 20] HA'SOCHER ES HA'PO'EL LA'ASOS IMO LA'GOREN - If someone hires a worker (for example, in Nisan) to work for him during the harvest season (in the fall)
b) [last line] HA'YOM B'DINAR - for one Dinar per day (of work during the harvest season) [and he pays him now]

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